SC upholds conviction of ex-Cebu prosecutor

The Supreme Court (SC) upheld the conviction of a former assistant provincial prosecutor of Cebu and his wife who were caught offering to fix a case for a fee.

In a resolution dated Oct. 20, 2014, the High Court denied the petitioners’ plea to re-open the case for “lack of merit.”

“At any rate, the court had already issued an entry of judgement in this case. A motion to re-open a criminal case is not the proper recourse when there is already a final judgement of conviction,” said Ma. Lourdes Perfecto, clerk of court of the SC’s second division in a notice.

Former Assistant Provincial Prosecutor Arturo Cabaron and his wife Brigada were found guilty of demanding P50,000 from the family of a rape suspect in 1996.

For this, they were sentenced by the Sandiganbyan to two years and one day in jail and were ordered to pay P30,000 in moral damages.

The High Court’s second division denied a petition for review filed by the couple.

In its resolution, the High Court said the Sandiganbayan’s verdict has “no infirmities” and should be sustained.

He said the jurisdiction of the SC over decisions of the Sandiganbayan is limited to questions of law and not on their findings.

The  Cabaron  couple were found guilty of violating the Code of Conduct and Ethical Standards for Public Officials and Employees.

The two were found to have conspired to demand P50,000 from Richter Pacifico, the mother of suspect Abraham Pacifico Jr. who was facing rape and frustrated murder charges before the Cebu Provincial Prosecutor’s Office.

The  Cabaron  couple had promised, for a fee, to handle Pacifico’s rape case that was assigned to another assistant prosecutor.
Cabaron  was assigned to handle the frustrated murder case against Pacifico.

The couple also promised to provide a lawyer to Pacifico Jr. to ensure a favorable resolution.